Algeria-27th Session May 2017-Discrimination based on gender identity , Discrimination based on sexual orientation, Violence on the basis of gender identity, Violence on the basis of sexual orientation

State under Review
Stakeholder Summary
Para 11) Human Rights Foundation (H.R.F.) noted that the UN Member States expressed concern over the discrimination against … LGBTQ+ persons, especially the criminalization of consensual same sex sexual relations … Para 56) JS12 indicates that the legal vacuum concerning the protection of LGBTQ+ individuals – including, criminalisation of consensual same sex relations (article 338 of the Penal Code), lack of awareness and training of relevant institutions – prevents them from accessing any remedy in case of gender-based violence (GBV) or other discriminatory treatment. This leads LGBTQ+ individuals not to report violations in almost all cases based on their fear of being outed or prosecuted, creating a situation of complete impunity. Para 57) JS12 emphasised the existing discrimination against the LGBTQ+ individuals, including house raids and arbitrary prosecutions for actions protected by the right to privacy, bodily autonomy, and non-discrimination in the ICCPR. JS12 also indicated at the heightened risk of torture and ill-treatment by the authorities as well as by other inmates.